delivered the opinion of the court.

This case was heard with the case of Lambert v. Phillips & Son, ante, p. 032, upon the same record and involves the same questions.

Eor the reasons stated in the opinion in that case, handed down at this term of the court, the judgment in this ease must he reversed, the verdict set aside, and the cause remanded for a new trial, to he had not in conflict with the views expressed in that opinion.

Reversed.